Authorities hope device curbs DUIs

People convicted of driving while intoxicated can be required to install ignition lock in vehicle

By Stephanie TaylorStaff Writer

Published: Monday, December 10, 2012 at 3:30 a.m.

Last Modified: Sunday, December 9, 2012 at 9:24 p.m.

In the five years since her daughter Holly was killed when her car was struck head-on by a drunken driver traveling the wrong direction on McFarland Boulevard, Danette Williams feels strong emotions when she hears about similar deaths.

“It angers me, obviously,” she said. “I feel sorry and I hurt for both families. It’s so unnecessary.”

Williams was happy to learn that ignition interlock devices are now required for many drivers who have been convicted of driving under the influence. Requiring drivers to blow into a Breathalyzer before their car will start could save lives, she said.

In a recent case, the father of a young boy was killed when a suspected drunken driver hit the truck he was in. The same driver was involved in a drunken driving accident in 2009.

“These are going to keep some people from doing something they’ll regret forever,” Williams said.

The ignition interlock devices (IIDs) are now required for anyone who receives a second, third or fourth DUI and some people who receive their first. First-time offenders can be required to use one of the devices if their blood alcohol level is higher than 0.15, if a child younger than 14 is in the vehicle, if someone else is injured or if a sobriety test is refused.

Alabama was the last state in the country to adopt the use of ignition interlock devices.

People convicted of a DUI after Sept. 1 are eligible to use the devices. Offenders will still be required to surrender their licenses for a designated period before being able to drive with the device, said Alabama State Trooper Sgt. Lynn Sutton, who is serving as the Department of Public Safety’s liaison with the court system as the program is implemented.

“I want Alabama to be a state that is DUI-tough,” she said. “I think this is a great tool, a very good law that is very enforceable.”

The devices act like a Breathalyzer and are installed on vehicle dashboards. A driver must breathe into it before starting the engine. Results that indicate a breath-alcohol concentration higher than .02 percent prevent the vehicle from being started.

Once an offender has served their suspension and paid all fines, they will be required to have a device installed by a licensed vendor approved by the Alabama Department of Public Safety. Sutton said that there are vendors in larger cities who will travel to smaller counties on court dates and for monthly check-ins.

“Eventually, there will be offices in every county,” she said

The offender then takes their lease agreement to a Department of Public Safety office, where a driver’s license with a notation that a device is required will be printed. By this point, the department has already been notified of the court order by a judge’s office and has the requirement on record.

It’s difficult, if not impossible, to fool one of the devices, said Sutton, who has driven with one on her patrol vehicle for about a month.

“I cannot wait to get it off,” she said. “I can see how this would really make someone stop, slow down and think ‘Why am I having to do this?’ Hopefully, this will make people more accountable.”

Once a person is driving, the IID will randomly require “rolling retests.” A driver would stop and submit another breath sample. The re-tests discourage people from asking a sober person to pass the initial test just to get the car started.

The vehicle won’t stop if a person fails to comply, it would just record a failure that would be noted and addressed at the next 30-day check-in and device inspection. Law enforcement officers are required to arrest anyone they encounter violating the requirement to use an IID. Judges can require people to use them longer if failures are recorded.

Offenders are required to lease their IID for around $100 and pay the monthly inspection fee of around $75, Sutton said.

There haven’t been many people to use the device yet. People sentenced after Sept. 1 are nearing the end of the three-month suspension period. Most of the people who have had them installed so far are people who moved to Alabama after being sentenced to use them in other states, Sutton said.

Tuscaloosa criminal defense attorney Michael Upton said that he has several concerns with the law. He likes the intent, he said, but said the logistics could cause a headache for the court system.

“Everyone agrees that more should be done to prevent the damage caused by drunk drivers. As a result, many states are passing legislation that implements the use of ignition interlock devices as another form of punishment for DUI offenders. This is unusual because ignition interlock devices are not only designed to punish DUI offenders by inhibiting their ability to drive, but also seeks to ‘prevent’ a future offense from occurring,” he said. “While ignition interlock may be a good idea in theory, I believe they will ultimately open a Pandora’s box of problems.”

He questioned who would be responsible if a device malfunctions and who would testify to the accuracy if challenged in court.

“Who will be liable when a sober driver is unable to start a vehicle due to a malfunctioning ignition interlock device, and that driver is injured or killed because the vehicle wouldn’t start? At some point, our society needs to come to grips with the fact that we can’t legislate everything under the sun.”

The Legislature could review the law when it convenes in 2013 and make any necessary changes, Sutton said.

“It is a new law, some parts will have to be looked at again,” she said. “But it’s a good law in my opinion. It brings us up to the standards where other states are.”

<p>In the five years since her daughter Holly was killed when her car was struck head-on by a drunken driver traveling the wrong direction on McFarland Boulevard, Danette Williams feels strong emotions when she hears about similar deaths.</p><p>“It angers me, obviously,” she said. “I feel sorry and I hurt for both families. It's so unnecessary.”</p><p>Williams was happy to learn that ignition interlock devices are now required for many drivers who have been convicted of driving under the influence. Requiring drivers to blow into a Breathalyzer before their car will start could save lives, she said.</p><p>In a recent case, the father of a young boy was killed when a suspected drunken driver hit the truck he was in. The same driver was involved in a drunken driving accident in 2009.</p><p>“These are going to keep some people from doing something they'll regret forever,” Williams said.</p><p>The ignition interlock devices (IIDs) are now required for anyone who receives a second, third or fourth DUI and some people who receive their first. First-time offenders can be required to use one of the devices if their blood alcohol level is higher than 0.15, if a child younger than 14 is in the vehicle, if someone else is injured or if a sobriety test is refused. </p><p>Alabama was the last state in the country to adopt the use of ignition interlock devices. </p><p>People convicted of a DUI after Sept. 1 are eligible to use the devices. Offenders will still be required to surrender their licenses for a designated period before being able to drive with the device, said Alabama State Trooper Sgt. Lynn Sutton, who is serving as the Department of Public Safety's liaison with the court system as the program is implemented.</p><p>“I want Alabama to be a state that is DUI-tough,” she said. “I think this is a great tool, a very good law that is very enforceable.”</p><p>The devices act like a Breathalyzer and are installed on vehicle dashboards. A driver must breathe into it before starting the engine. Results that indicate a breath-alcohol concentration higher than .02 percent prevent the vehicle from being started.</p><p>Once an offender has served their suspension and paid all fines, they will be required to have a device installed by a licensed vendor approved by the Alabama Department of Public Safety. Sutton said that there are vendors in larger cities who will travel to smaller counties on court dates and for monthly check-ins. </p><p>“Eventually, there will be offices in every county,” she said</p><p>The offender then takes their lease agreement to a Department of Public Safety office, where a driver's license with a notation that a device is required will be printed. By this point, the department has already been notified of the court order by a judge's office and has the requirement on record. </p><p>It's difficult, if not impossible, to fool one of the devices, said Sutton, who has driven with one on her patrol vehicle for about a month.</p><p>“I cannot wait to get it off,” she said. “I can see how this would really make someone stop, slow down and think 'Why am I having to do this?' Hopefully, this will make people more accountable.”</p><p>Once a person is driving, the IID will randomly require “rolling retests.” A driver would stop and submit another breath sample. The re-tests discourage people from asking a sober person to pass the initial test just to get the car started.</p><p>The vehicle won't stop if a person fails to comply, it would just record a failure that would be noted and addressed at the next 30-day check-in and device inspection. Law enforcement officers are required to arrest anyone they encounter violating the requirement to use an IID. Judges can require people to use them longer if failures are recorded. </p><p>Offenders are required to lease their IID for around $100 and pay the monthly inspection fee of around $75, Sutton said.</p><p>There haven't been many people to use the device yet. People sentenced after Sept. 1 are nearing the end of the three-month suspension period. Most of the people who have had them installed so far are people who moved to Alabama after being sentenced to use them in other states, Sutton said.</p><p>Tuscaloosa criminal defense attorney Michael Upton said that he has several concerns with the law. He likes the intent, he said, but said the logistics could cause a headache for the court system.</p><p>“Everyone agrees that more should be done to prevent the damage caused by drunk drivers. As a result, many states are passing legislation that implements the use of ignition interlock devices as another form of punishment for DUI offenders. This is unusual because ignition interlock devices are not only designed to punish DUI offenders by inhibiting their ability to drive, but also seeks to 'prevent' a future offense from occurring,” he said. “While ignition interlock may be a good idea in theory, I believe they will ultimately open a Pandora's box of problems.”</p><p>He questioned who would be responsible if a device malfunctions and who would testify to the accuracy if challenged in court. </p><p>“Who will be liable when a sober driver is unable to start a vehicle due to a malfunctioning ignition interlock device, and that driver is injured or killed because the vehicle wouldn't start? At some point, our society needs to come to grips with the fact that we can't legislate everything under the sun.” </p><p>The Legislature could review the law when it convenes in 2013 and make any necessary changes, Sutton said.</p><p>“It is a new law, some parts will have to be looked at again,” she said. “But it's a good law in my opinion. It brings us up to the standards where other states are.”</p><p>Reach Stephanie Taylor at stephanie.taylor@tuscaloosanews.com or 205-722-0210.</p>